Solicitation (sexual) on duty

memphisms · April 2004

Hi. I'm a fairly new HR professional in the midsouth area and am hoping someone can give me some advice as to how to handle an investigation into the following matter.

A concerned ee has come forward claiming a fellow ee has been selling sexual favors to other ee's and guests on our property.

Does anyone have any suggestions as to how this investigative scenario should procede?

Any/all help is appreciated...

Peyton Irby MS · April 2004

first, such activity is a criminal offense. did the reporting employee witness this activity? discreetly locate as many potential witnesses as possible, check the times the accused was on duty, and the times customers/other employees were on premises etc. to verify any witness accounts. then, you may confront the employee to get the response or if you have sufficient facts without confrontation to terminate, you may do so. (we assume your policy/handbook has an at-will disclaimer] in Mississippi, you are not required to give a reason for termination to the terminated employee, either orally or in writing. CAUTION: do not publicize your findings or concerns except to those few [very few] in the organization who absolutely "need to know".
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

deniseE · April 2004

I imagine that you have a sexual harassment policy in place. This person, if the accusations prove to be true, is in clear violation of that policy. Additionally, if you have an Ethics, Code of Conduct or any similar policy, a violation is also occuring there.

How to investigate?? Start with the people you know to be involved and keep working down the line. Document and hopefully you will be able to terminate this ee. Selling sexual favors to clients cannot be good for your company image!!!

Good Luck! This one is sure to be a story you'll tell for a long time to come.

Don D · April 2004

I'm surprised that the attorney-editor of our Law Letter would suggest that in order for you to exercise your right to terminate at-will, you should/must have a statement to that effect in a handbook. Such activity as you describe is in great abundance in the hotel industry all over the world, and certainly in the gaming establishments of our state. The only way to trap and fire her may be to enlist the aid of the police and have them 'sting' her. But, your management may not want that noteriety going around in the industry. It could be good or bad for your business, depending on the market.

Cinderella · April 2004

Who said it's a her? x:P Could just as easily be a man.

ray a · April 2004

Well the person in question is referred to as a "fellow" ee.

Cinderella · April 2004

/:) Fellow as in "a person of equal rank, position, or background; a peer" is how I read it. Don't worry though, Don is sending me private love notes about it. x}>

ray a · April 2004

Hey Cinderella, play along. I used the first definition from the dictionary to support your postulate.

Cinderella · April 2004

Yeah yeah yeah I hear you loud and clear (ten four good buddy). x;)

Cheryl S SPHR · April 2004

>The only way to
>trap and fire HER may be to enlist the aid of
>the police and have them 'sting' HER.

Don -- Her? You're assuming, aren't you?

Cinderella · April 2004

Is there an echo in here?

memphisms · April 2004

Although I (being a "her") hate to admit it, the person in question here is in fact a "her". So hats off to ya Don!!

Whatever · April 2004

In your rules, do you have a no-solicitation policy (pun is unavoidable) x:-8 If so, enforce it.

Don D · April 2004

About as well as it works on a street corner in the Bronx! Ladies and gentlemen who take housekeeping 'positions' in the hotel industry can make upwards of $9.00 an hour putting sheets on mattresses, or they can make upwards of $3000 a day using them in other ways. (I've read)

ritaanz · April 2004

$3000 a day??? Holy cow! Hey Don, would that be 4 or 5 tricks or 100+ ? Nice to know you are caught up on your reading.

Whatever · April 2004

Is there any truth to the rumor that you do all your reading in Braille?

marc · April 2004

[font size="1" color="#FF0000"]LAST EDITED ON 04-13-04 AT 02:05PM (CST)[/font][br][br]I thought MS was in the Deep South, not the Mid South?x;-)

ray a · April 2004

Duck... incoming...

Cinderella · April 2004

James / Brad / Other Distinguished Moderators:

Once again I must insist upon the creation of an emoticon laughing it's a$$ off. Thanks.

Cinderella · April 2004

Don, Have you been doing "Internet research" like DJ The Balloon Man again? Tsk, tsk! x}>

Balloonman · April 2004

All of my research is legit! Besides I did not know where that link was going to take me to!
My $0.02 worth! 8-|
DJ The Balloonman

Cinderella · April 2004

I thought you volunteered to have us send you the links we find on ee's computers who we suspect are viewing porn and you will let us know if they're okay or not. 8-}

Don D · April 2004

I've continued to think about this one. Don't know what you decided to do, but, I do think that your company, if I'm correct about the industry, will probably not want an investigation, even by the HR office. An investigation will naturally involve more than a few people and perhaps customers. The company will not be able to afford for that to get out on the street and of course it would, immediately. Also, no customer of the establishment is going to admit to also being a customer of the entrepreneurial custodial staffmember. Lastly, I don't know this to be a fact, but the state gaming commission would also probably get involved (this is an assumption only). I think the best course of action is to discreetly find another reason to terminate the employee and be rid of him/her. And don't contest the unemployment decision. Don't even respond to their request for information. I really think this is the safest route for the company. You are under no obligation to do so in this state.

Pork · April 2004

"Dandy Don": You are absolutely right, right, right; however, then comes that letter of complaint from EEOC to which, we must always respond with the facts to address the response. Therefore, as recommended by "Irby" our distinguished legal representative that I do respect, the company must beeeeee prepared to address with "the facts mam and nothing but the facts" (my best imitation of Mr Friday). The right to terminate as an "at will" only protects from terminations when the company is truly not trying to hide something, other wise, it is a "crap-shoot". I recommend you get the information and facts as best as you can, file it, and terminate based on "it just is not working out"! Tell her she hust does not eat enough PORK.

Good luck and welcome to the forum.

PORK

memphisms · April 2004

Thank you all so much for your somewhat witty but charming pieces of advice. I will keep you abreast of our progress.

Thanks again! xpray

SandiF · April 2004

Was your wording intentional?!

memphisms · April 2004

Oops! Guess I really need to watch that, huh.

JJ · April 2004

Ahhhhh! Those HR minds, the same thought went through my head when I read the response.

Parabeagle · April 2004

I think (after reading all of this) that I would not be inclined to do a full investigation in a matter such as this. I would be more inclined to discreetly see what I could find out and then exercise my right to terminate at will. I don't know what other HR folks in the hospitality industry would do in my shoes, but that's my story and I'm sticking to it.

By the way, these must be casino hotels or something - stuff like this sure doesn't go on in MY company!!

Don D · April 2004

The only difference, Beagle, is that while the participants are, shall we say, engaged, in your industry, they do not hear the constant, irritating jingling, ding-ding-ding of the slot machines in the background. That sound adds a bit of class to the activity. And also raises the price, I'm told.

Whatever · April 2004

It is my understanding that stage shows in Oregon do not include underdressed (if dressed)(although they always seem to be wearing some kind of hat)over made-up women.

Solicitation (sexual) on duty

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